Netflix’s most recent update in its terms and conditions has taken the Internet by a storm and caused a massive uproar. The world’s largest and most popular media library can not only block you from using its services if you are caught using VPN to access its servers, but will also terminate your account entirely without a notice, as stated in its agreement terms:
“You may view a movie or TV show through the Netflix service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show”.
The word “improper” is the key for all controversy over this statement. Although it isn’t illegal to use a VPN to watch Netflix, using a VPN to trick Netflix into thinking that you are using its services from the US for example would be recognized as an “improper” behaviour. As you probably know, millions of users in different parts of the world use VPNs to by geographical restrictions on order to access Netflix and stream their favourite videos, since Netflix is only available in some countries. VPNs are internet services that enables users all over the world to browse the internet safely and anonymously as well as the ability to unblock any geo-restricted web content. Most VPNs require a paid subscription and those that offer free services, give user limited bandwidth, like: Hola. Netflix’s new controversial rule continues:
“Netflix will use technologies to verify your geographic location”, then “We may terminate or restrict your use of our service, without compensation or notice if you are, or if we reasonably believe that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service”.
This means that if Netflix detects that you are trying to access it parameters from a geo-restricted location, like using a VPN service for example, the company has the right to terminate your service.
Why Is Netflix Against VPNs?
A Netflix spokesperson told IBTimes UK, “Virtually crossing borders to use Netflix is a violation of our terms of use because of content licensing restrictions.” He further continued to say, “We employ industry standard measures to prevent this kind of use.”
Netflix does indeed discourage the use of VPNs, despite the fact that many users don’t consider it illegal because they pay for the US service instead of pirating and illegally download media directly from Netflix.
Netflix CEO Reed Hastings stated during press interviews in Australia last March that over 200,000 Australians use VPNs to create US Netflix account in order to stream their favourite content as it isn’t available in their country.
“The VPN scenario is someone who wants to pay and can’t quite pay. The basic solution is for Netflix to get global and have its content be the same all around the world so there’s no incentive to [use a VPN]. Then we can work on the more important part which is piracy,” [...] “The key thing about piracy is that some fraction of it is because [users] couldn’t get the content. That part we can fix. Some part of piracy however is because they just don’t want to pay. That’s a harder part. As an industry, we need to fix global content,” Hastings told Gizmodo Australia.
So, is it legal or not to use VPNs with Netflix?
Now that VPN users all over the internet are anxious, it is likely that Netflix is pulling this act to protect its grounds and to appease the movie and TV studios who cut complicated rights deals across the world to show content in various regions, after all it is a difficult situation to please both Hollywood lawyers and keep hold of its VPN users. According to Sunday Yokubaitis, president of Golden Frog:
“It’s perfectly legal to watch Netflix over a VPN service. In fact, many VyprVPN customers around the world connect to an in-country server location to get past an ISP throttling their streaming traffic. These VPN users aren’t accessing any geo-restricted content, they are simply being proactive in taking steps to optimize their Internet experience.
To date, we have not heard of any instances of VyprVPN users having any issues with their Netflix account. However, when I read reports about Netflix taking a closer look at VPN users, it concerns me because VPNs are an important encryption tool for online privacy. Any time VPN use is discouraged, even subtly, it carries cyber security risks. For example, If I’m travelling and planning to watch a Netflix movie in my hotel room, it would be very foolish of me to turn off my VPN and open myself up to the dangers of hotel Wi-Fi.”
Accordingly, you’ve got nothing to worry about as long as you’re paying for your Netflix Server even while you’re using a VPN.
